Texas court deadline
When is a small claims appeal due after a motion for new trial is denied in Texas?
If you filed a motion to set aside, reinstate or for new trial in justice court, the 21 days to appeal count from the day the motion was denied — by order, or automatically on day 21.
- What the date means
- The last day to appeal by filing a bond, making a cash deposit, or filing a Statement of Inability with the justice court, counted from the denial of a motion to set aside, reinstate or for new trial.
- The clock starts
- The date the judge signed the order denying it. If the judge never ruled, the motion was denied automatically at 5:00 p.m. on the 21st day after the judgment was signed. Use that date.
- Applies to
- Justice court small claims and debt claim cases where one of those motions was filed and then denied (by order, or automatically on day 21). Not eviction or repair and remedy cases.
- Rule
- Tex. R. Civ. P. 506.1(a); Tex. R. Civ. P. 500.4
How to count it
Do not count the starting day. Count 21 calendar days, including weekends and holidays. If the last day is a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not.
Worked example
Say the starting date was Monday, June 22, 2026. Here is each step:
- Start: Monday, June 22, 2026. That day itself is not counted.
- Count 21 calendar days: Monday, July 13, 2026.
- Monday, July 13, 2026 is not a weekend or legal holiday, so it stays.
Under Tex. R. Civ. P. 506.1(a), counting from Monday, June 22, 2026, the computed date is
Monday, July 13, 2026
This is an example only. Your own date depends on your starting date and your court.
Watch out for
- If the motion was denied automatically, the denial was at 5:00 p.m. on the 21st day after the judgment was signed. Enter that date.
- If you file a bond or cash deposit, serve written notice of the appeal on all other parties within 7 days (Rule 506.1(e)).
- The judge cannot extend appeal deadlines (Rule 500.4(c)).
Not reviewed by an attorney. ProSeFiler’s deadline rules were written from the official rule text, but no lawyer has reviewed them. Read the rule yourself and confirm every date with the court clerk.
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Common questions
When is a small claims appeal due after a motion for new trial is denied in Texas?
If you filed a motion to set aside, reinstate or for new trial in justice court, the 21 days to appeal count from the day the motion was denied — by order, or automatically on day 21. The last day to appeal by filing a bond, making a cash deposit, or filing a Statement of Inability with the justice court, counted from the denial of a motion to set aside, reinstate or for new trial.
Does a weekend or holiday change the date?
Yes. If the last day falls on a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not one (Tex. R. Civ. P. 4; Tex. R. App. P. 4.1; Tex. R. Civ. P. 500.4 in justice court). Courts also close for local reasons, so call the clerk ahead of time.
Who does this rule apply to?
Justice court small claims and debt claim cases where one of those motions was filed and then denied (by order, or automatically on day 21). Not eviction or repair and remedy cases.
Where does this rule come from?
Tex. R. Civ. P. 506.1(a); Tex. R. Civ. P. 500.4. Read the official text yourself and confirm the date with the court clerk. ProSeFiler last checked this rule against the official text on Sunday, November 8, 2026.